Towards a European Civil Code

Samenvatting

Since its original publication ten years ago, Towards a European Civil Code has become an international classic. It is both a preeminent reference in the debate on the future of European private law, and a standard text in legal education in many European universities. This third, fully revised and expanded edition includes new contributions on such important matters as the following: constitutionalisation; social concerns; economic analysis; arguments against a European civil code; e-commerce; and sales, service and insurance contracts. All forty four chapters have been brought fully up to date with European and national developments, making Towards a European Civil Code the cornerstone in any endeavour involving issues in European private law. Contents: PART 1 ? GENERAL ISSUES CHAPTER ... 1 Ewoud Hondius- Towards a European Civil Code 2 Reinhard Zimmermann- Roman Law and the Harmonisation of Private Law in Europe 3 Klaus Peter Berger- European Private Law, Lex Mercatoria and Globalisation. 4 Richard Hyland- The American Experience: Restatements, the UCC, Uniform Laws, and Transnational Coordination. 5 Peter-Christian Müller-Graff- EC Directives as a Means of Private Law Unification 6 Walter van Gerven- The ECJ Case-law as a Means of Unification of Private Law? 7 Arthur Hartkamp- Principles of Contract Law 8 Konstantinos Kerameus- Procedural Implications of Civil Law Unification 9 Joerges- On the legitimacy of Europeanising private law: Considerations on a law of justi(ce)-fication (justum facere) for the EU multi-level system 10 Horatia Muir Watt- Could the Conflict of Laws Fit into a European Civil Code? The Challenge of Market Integration for European Conflicts Theory. 11 Zeno Zencovich / Vardi- The constitutional basis of a European private law (The relationship between human rights and EPR) 12 Gordley- The Foreseeability Limitation on Liability in Contract (Philosophical Origins European Private Law). 13 Ramberg- Towards a European Civil Code E-commerce 14 Legrand- A diabolical Idea. 15 Lurger- The lSociall Side of Contract Law and the New Principle of Regard and Fairness. 16 Mattei- Basic first please! A critique of some recent priorities shown by the commission ls action plan PART 2 ? SUBSTANTIVE LAW A Family law and law of succession CHAPTER 17 Dieter Martiny- Is unification of family law feasible or even desirable? 18 Verbeke / Leleu- Harmonization of the law of succession in Europe B Contract law ? General issues CHAPTER 19 Sacco- Formation of Contracts. 20 Sjef van Erp- The pre-contractual stage 21 Bonell- Agency 22 Fabre-Magnan/ Sefton-Green- Defects on Consent in contract law. 23 MacQueen- Illegality and immorality in Contracts: Towards European Principles. 24 Wilhelmsson- Standard Form Conditions 25 Canaris / Grigoleit- Interpretation of Contracts 26 Martijn Hesselink- The concept of Good Faith 27 Tallon- Hardship 28 Ole Lando- Non-performance (breach) of contracts 29 Bonell- Limitation periods. C Contract law ? Specific contracts CHAPTER 30 Heutger / Jeloschek- Towards Principles of European Sales Law 31 Basedow- The case for a European Insurance Contract Code 32 Loos- Service Contracts D Restitution CHAPTER 33 Eric Clive- Unjustified Enrichment E Tort CHAPTER 34 David Howarth- The general conditions of unlawfulness 35 Geraint Howells- Product Liability- a history of harmonisation 36 Michael Faure- Economical analysis of Tort Law and the European Civil Code 37 Gerrit Betlem- Environmental Liability and the Private Enforcement of Community Law 38 Mauro Bussani / Vernon Palmer- The Frontier between Contractual and Tortious Liability in Europe: Insights from the Case of Compensation for Pure Economic Loss F Property CHAPTER 39 Ulrich Drobnig- Transfer of property 40 Ulrich Drobnig- Security rights in movables 41 Roy Goode- The Cape Town Convention on International Interests in Mobile Equipment 42 Wehrens / Van Velten- Real security regarding immovable objects- reflections on a euro mortgage G Trust CHAPTER 43 Grimaldi / Barrière-Trust and Fiducie H Company law CHAPTER 44 Peter Hommelhoff- Corporate and business law in the European Union: Status and perspectives 2004 Editors: Arthur Hartkamp ? Martijn Hesselink ? Ewoud Hondius ? Carla Joustra ? Edgar du Perron ? Muriel Veldman